Acts and Regulations

E-7.2 - Employment Standards Act

Section 58
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58(1)For the purpose of ensuring that the provisions of this Act and the regulations are complied with the Director, or an Employment Standards Officer, may
(a) at any reasonable time enter into or upon any place of employment for the purpose of inspection, investigation or examination of conditions of employment;
(b) between the hours of nine o’clock in the forenoon and four o’clock in the afternoon enter into any office or premises where the Director or Employment Standards Officer, as the case may be, has reason to believe employment records are kept or stored, and
(i) require the production for inspection, audit or examination of all books of account, vouchers, payroll records, incorporation certificates, by-laws, minutes of directors’ meetings or other documents that are or may be relevant to the inspection, audit or examination;
(ii) upon giving a receipt therefor, remove anything referred to in sub-paragraph (i) or any other books, papers, records or documents for the purpose of making copies of extracts; but such copies or extracts shall be made with reasonable dispatch and the books, papers, records or documents properly returned thereafter to the person who produced or furnished them not later than five working days after the date on which they were removed; and
(iii) make copies or take abstracts from all such books, papers, records or documents; and
(c) require an employer to provide information upon request, in which case the employer shall, within ten days after receipt of a written request from the Director or from an Employment Standards Officer, or within such longer time as may be allowed by the Director or Employment Standards Officer, file a statement setting forth the information which is required.
58(2)Neither the Director nor an Employment Standards Officer nor a mediator referred to under section 64 is in any civil proceeding a compellable witness respecting any information, statements, books, papers, records or documents acquired, furnished, obtained, made or received under the powers conferred under this Act.
58(3)Neither the Director nor an Employment Standards Officer nor a mediator referred to under section 64 shall be compelled or required to produce in any civil proceeding, any statements, books, papers, records or documents acquired, furnished, obtained, made or received under the powers conferred under this Act.
1984, c.42, s.31; 1996, c.86, s.1; 2022, c.33, s.27
Powers
58(1)For the purpose of ensuring that the provisions of this Act and the regulations are complied with the Director, or an Employment Standards Officer, may
(a) at any reasonable time enter into or upon any place of employment for the purpose of inspection, investigation or examination of conditions of employment;
(b) between the hours of nine o’clock in the forenoon and four o’clock in the afternoon enter into any office or premises where he has reason to believe employment records are kept or stored, and
(i) require the production for inspection, audit or examination of all books of account, vouchers, payroll records, incorporation certificates, by-laws, minutes of directors’ meetings or other documents that are or may be relevant to the inspection, audit or examination;
(ii) upon giving a receipt therefor, remove anything referred to in sub-paragraph (i) or any other books, papers, records or documents for the purpose of making copies of extracts; but such copies or extracts shall be made with reasonable dispatch and the books, papers, records or documents properly returned thereafter to the person who produced or furnished them not later than five working days after the date on which they were removed; and
(iii) make copies or take abstracts from all such books, papers, records or documents; and
(c) require an employer to provide information upon request, in which case the employer shall, within ten days after receipt of a written request from the Director or from an Employment Standards Officer, or within such longer time as may be allowed by the Director or Employment Standards Officer, file a statement setting forth the information which is required.
58(2)Neither the Director nor an Employment Standards Officer nor a mediator referred to under section 64 is in any civil proceeding a compellable witness respecting any information, statements, books, papers, records or documents acquired, furnished, obtained, made or received under the powers conferred under this Act.
58(3)Neither the Director nor an Employment Standards Officer nor a mediator referred to under section 64 shall be compelled or required to produce in any civil proceeding, any statements, books, papers, records or documents acquired, furnished, obtained, made or received under the powers conferred under this Act.
1984, c.42, s.31; 1996, c.86, s.1